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HomeMy WebLinkAboutStaff Report 1.E 09/12/2016Agenda Item # LE City of Petaluma, California MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY rs�a 1 Draft City Council /PCDSA Minutes 2 Monday, August 1, 2016 3 Regular Meeting 4 5 7 MONDAY, AUGUST 1, 2016 8 CLOSED SESSION - 5:00 P.M. 9 10 11 12 13 14 15 16 17 18 CALL TO ORDER - CLOSED SESSION A. ROLL CALL Present: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller Absent: None CLOSED SESSION • CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6. Agency Designated Representatives: Scott Brodhun, and Dianne Dinsmore, AFSCME Unit 1 - Confidential, Unit 2 - Maintenance, Unit 3 - Clerical /Technical; Peace Officers' Association of Petaluma, Unit 6 - Police; Petaluma Professional ,& Mid - Managers Association, Unit 4 - Professional, Unit 9 - Mid - Managers; and Unit 1 1 - Confidential; Petaluma Public Safety Mid - Management Association, Unit 10 - Public Safety Mid - Managers; and, International Association of Firefighters Local, 1415 Unit 7 - Fire. • CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to California Government Code Section 54956.8. Property: Assessor's Parcel Number 048 - 142 -013. Agency negotiator: John C. Brown. Negotiating party: Kathleen Schmidt. Under negotiation: Price and terms of payment. - Added with Agenda Revision No. 1 -Thursday, July 28, 2016. • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9: Howard v. City of Petaluma, Sonoma County Superior Court, Case No. SCV256506. • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9: Manners v. City of Petaluma et al., Department of Fair Employment and Housing, DFEH No. 238443 - 101182, HUD No, 09-14-1188-8. • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9: Minick v. City of Petaluma, Sonoma County Superior Court, Case No. SCV- 251915. Vol. XX, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 August 1, 2016 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9: Thompson v. City of Petaluma, Sonoma County Superior Court Case No. SCV- 252045. • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9: Umphenour v. City of Petaluma, Sonoma County Superior Court Case No. MCV- 237673. • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9: Waters v. City of Petaluma, Sonoma County Superior Court Case No. SCV- 256309. • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9: City of Petaluma v. Pikachu II LLC, et al. ( "Lafferty "), Sonoma County Superior Court Case No. SCV 253148. • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9: City of Petaluma and Petaluma Community Development Commission Successor Agency v. Cohen, Third Appellate District Case No. C015872, PUBLIC COMMENT ON CLOSED SESSION ITEMS Mayor Glass opened Public Comment on CLOSED SESSION items. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CLOSED SESSION items. ADJOURN TO CLOSED SESSION MONDAY, AUGUST 1, 2016 EVENING SESSION — 7:00 P.M. CALL TO ORDER - EVENING SESSION- 7:00 P.M. A. ROLL CALL Present: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller Absent: None B. PLEDGE OF ALLEGIANCE C. MOMENT OF SILENCE AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY) None. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 August 1, 2016 PROCLAMATIONS • School Attendance Awareness Month - September 2016 Mayor Glass • Petaluma People Services Center - The Employment Group Day - August 1, 2016 Mayor Glass Vol, XX, Page 3 Elece Hempel, Executive Director, Petaluma People Services Center, introduced Jackie Cullins and Diana DeLong, Employment Specialists for the SonomaWorks program, GENERAL PUBLIC COMMENT Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park where she lives. Zen Destiny, Sebastopol, spoke on a variety of current political issues. REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) None. 1. 2. 3. APPROVAL OF MINUTES None. APPROVAL OF PROPOSED AGENDA A. Approval of Agenda for Regular City Council /PCDSA Meeting of Monday, September 12, 2016, Motion: Approve A. Agenda for Regular City Council /PCDSA Meeting of Monday, September 12, 2016, as presented. Motion by Gabe Kearney, seconded by Kathy Miller. Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None CONSENT CALENDAR A. Resolution 2016 -120 N.C.S. Approving Claims and Bills for June 2016. (Mushallo) B. Resolution 2016 -121 N.C.S. Setting 2016 -2017 Annual Assessment District Administrative Rates. (Mushallo) Vol. XX, Page 4 August 1, 2016 C. Resolution 2016 -124 N.C.S. Ratifying the Side Letter of Agreement Between the City of Petaluma and Petaluma Public Safety Mid - Management Association Regarding Establishment of an Administrative Fire Battalion Chief Premium Pay. (Dinsmore) D. Resolution 2016 -122 N.C.S. Authorizing Award of Contract for the Capri Creek Flood Reduction and Habitat Enhancement Project. (St. John /Zimmer) E. Resolution 2016 -123 N.C.S. Authorizing the Petaluma Police Department to Apply for and Accept the Edward Byrne Memorial Justice Assistance Grant Program FY 2016 Local Solicitation Funds in the Amount of $14,566 for the Purchase of Portable and Authorizing the City Manager.to Execute All Grant and Purchase Related Documents. (Williams) Mayor Glass Mayor Glass opened Public Comment on the CONSENT CALENDAR. Zen Destiny, Sebastopol, objected to the approval of Item 3.A. Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on the CONSENT CALENDAR. Mayor Glass CONSENT CALENDAR items 3.A, 3.11, 3.D, and 3.E. Motion by Gabe Kearney, seconded by Chris Albertson. Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None Motion: Approve C. Resolution 2016 -124 N.C.S. Ratifying the Side Letter of Agreement Between the City of Petaluma and Petaluma Public Safety Mid - Management Association Regarding Establishment of an Administrative Fire Battalion Chief Premium Pay. Motion by Gabe Kearney, seconded by Kathy Miller. Vote: Motion carried 6 -1 Yes: Chris Albertson; Teresa Barrett; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: David Glass Abstain: None Absent: None Mayor Glass August 1, 2016 4. NEW BUSINESS Vol. XX, Page 5 A. Resolution 2016 -125 N.C.S. Approving the Fourth Amended At -Will Agreement for Employment of City Manager. (Brown) City Manager Brown Mayor Glass opened Public Comment on Item 4.A. Zen Destiny, Sebastopol, objected to the terms in City Manager Brown's renewed contract. Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item 4.A. Mayor Glass Motion: Approve A. Resolution 2016 -125 N.C.S. Approving the Fourth Amended At -Will Agreement for Employment of City Manager. Motion by David Glass, seconded by Kathy Miller. Vice Mayor King Council Member Healy Council Member Kearney Council Member Albertson Council Member Miller Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None B. Resolution 2016 -126 N.C.S. Authorizing Award of Contract for the Community Center Roof Overlay and HVAC Replacement Project to Henris Roofing Company, Revising the Project Budget, and Authorizing the Transfer of Funds. (St. John /Zimmer) Vice Mayor King announced that as the contractor for this project was a former client of his and in the exercise of caution he would recuse himself from voting on the item, and left the dais. Director of Public Works and Utilities Dan St. John Mayor Glass opened Public Comment on Item 4.6. Vol. XX, Page 6 August 1, 2016 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 4.B. Council Member Miller Director St. John Council Member Miller Director St. John Motion: Approve B. Resolution 2016 -126 N.C.S. Authorizing Award of Contract for the Community Center Roof Overlay and HVAC Replacement Project to Henris Roofing Company, Revising the Project Budget, and Authorizing the Transfer of Funds. Motion by Kathy Miller, seconded by Teresa Barrett. Council Member Kearney Director St. John Vote: Motion carried 6 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Kathy Miller No: None Abstain: Dave King Absent: None Vice Mayor King returned to the dais. C. Resolution 2016 -127 N.C.S. Authorizing the City Manager to Execute a Professional Services Agreement with Carollo Engineers, Inc. for Engineering and Design Services for the Petaluma High Strength Wastewater Project and Revising the Project Budget. (St. John) Director of Public Works and Utilities Dan St. John Mayor Glass Director St. John Mayor Glass Mayor Glass opened Public Comment on Item 4.C. Zen Destiny, Sebastopol, objected to the wording of the resolution for a variety of reasons. August 1, 2016 Vol. XX, Page 7 Katherine Bobrowski, Petaluma, expressed her concerns about the City spending too much money. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 4.C. Council Member Kearney Motion: Approve C. Resolution 2016 -127 N.C.S. Authorizing the City Manager to Execute a Professional Services Agreement with Carollo Engineers, Inc. for Engineering and Design Services for the Petaluma High Strength Wastewater Project and Revising the Project Budget. Motion by Gabe Kearney, seconded by Mike Healy. Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None Mayor Glass Director St. John Mayor Glass D. Resolution 2016 -128 N.C.S. Authorizing the City Manager to Execute a Professional Services Agreement and Approving a Revised Budget for the Payran Underground Storage Tank Site Remediation Project. (St. John) Director of Public Works and Utilities Dan St. John Mayor Glass Director St. John Council Member Albertson Director St. John Council Member Albertson Director St. John Council Member Healy Director St. John Council Member Healy Vol. XX, Page 8 August 1, 2016 Council Member Miller Vice Mayor King City Attorney Danly Vice Mayor King Motion: Approve D. Resolution 2016 -128 N.C.S. Authorizing the City Manager to Execute a Professional Services Agreement and Approving a Revised Budget for the Payran Underground Storage Tank Site Remediation Project. Motion by Dave King, seconded by Teresa Barrett. Mayor Glass opened Public Comment on Item 4.D. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 4.D. Council Member Albertson Director St. John Council Member Albertson Director St. John Council Member Barrett Council Member Albertson Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None E. Resolution 2016 -129 N.C.S. Authorizing Award of Contract for the Paula Lane Reservoir No. 1 Rehabilitation Project. (St. John /Zimmer) Director of Public Works and Utilities Dan St. John Mayor Glass opened Public Comment on Item 4.E. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 4.E. Motion: Approve E. Resolution 2016 -129 N.C.S. Authorizing Award of Contract for the Paula Lane Reservoir No. 1 Rehabilitation Project. August 1, 2016 Motion by Kathy Miller, seconded by Mike Healy. Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None Mayor Glass F. Resolution 2016 -130 N.C.S. Establishing the Title and Salary Schedule for Emergency Medical Technician. (Dinsmore /Netto) Fire Chief Len Thompson Mayor Glass opened Public Comment on Item 4.F. Vol. XX, Page 9 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 4.F. Council Member Miller Council Member Kearney Motion: Approve F. Resolution 2016 -130 N.C.S. Establishing the Title and Salary Schedule for Emergency Medical Technician. Motion by Gabe Kearney, seconded by Kathy Miller. Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None G. Resolution 2016 -131 N.C.S. Approving Response Letter to Sonoma County Grand Jury's Final Report for FY 2015/16. (Brown) City Manager Brown Mayor Glass opened Public Comment on Item 4.G. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 4.G. Motion: Approve G. Resolution 2016 -131 N.C.S. Approving Response Letter to Sonoma County Grand Jury's. Final Report for FY 2015/16. Vol. XX, Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 August 1, 2016 Motion by Kathy Miller, seconded by Mike Healy. Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None Mayor Glass left the meeting at this point, ROLL CALL Present: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller Absent: None COUNCIL COMMENT Council Member Healy Council Member Albertson Council Member Miller Council Member Kearney Council Member Barrett Vice Mayor King CITY MANAGER COMMENT City Manager Brown ADJOURN The meeting was adjourned at 8:22 p.m. ATTEST: Claire Cooper, CMC, City Clerk David Glass, Mayor